Further to the post below, it appears to be possible to obtain leave of the Court to issue a fresh warrant: see Perpetual Ltd v Field [2010] VSC 445. This prevents the need for a new proceeding.  However, it appears that a court appearance is still required (see paragraph [11] of the judgment above). Thanks to […]

I have recently been told that the Sheriff views a warrant for possession as capable of being exercised only once, after which the warrant goes stale. This is probably correct in principal because any continuing trespass is broken by the Sheriff giving possession to the land owner, and a new cause of action accrues against […]

  [ED – the decision in this case has been overturned by the Court of Appeal – see subsequent post here.] Her Honour Davies J in the Victorian Supreme Court has ruled that the liquidator appointed to a land owning company cannot use the disclaimer power under the Corporations Act to disclaim leases over that […]

The Governor in Council has today appointed VCAT Deputy President Michael Francis MacNamara as a Judge of the County Court of Victoria. Deputy President Macnamara has been a long standing Deputy President at the Tribunal and has been responsible for the retail tenancies list for many years. Congratulations to his Honour on his appointment. It […]

For those who were interested in my last post about the impact of online sales on retail leasing rental values, here is a link to a post on a similar topic by my colleague and friend Mark McKillop. Mark’s post summarises and contains a link to a document by Ferrier Hodgson that touches on the […]

Hello all, and welcome back to the new legal year. During January, The Age published an interesting comment by an economic analyst about the impact of the shift towards online shopping on rent for retail shops, particularly in light of the recent announcement by Myer that it does not intend to renew a number of […]